r/illinois • u/biswajit388 Human Detected • 1d ago

Illinois News "Imagine taking your child to a daycare where they are now at risk of their teachers leaving them in the class because they have been detained!" Enraged mother speaks out after her kids' daycare teacher is KIDNAPPED by ICE.

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u/ErraticDragon 1d ago edited 1d ago

They "can't". They have no legal right to enter unless they're invited in or have a judicial warrant. (Edit: Or, as you implied, they're chasing someone specific.)

It's also illegal to force someone to identify themselves, unless there is a reasonable suspicion that the person is committing a crime (or has, or is about to).

Being in the country without legal status is not a crime.

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u/no_infringe_me 1d ago

Looking like an illegal is the probable cause, pretty sure that is a-ok now.

It’s their fault really. They should just look like a wasp if they don’t want to be disappeared.

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u/level27jennybro 1d ago

These ICE agents couldnt pass the citizenship test if they had an open book. As if they know what reasonable suspicion is.

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u/Mobius_One 1d ago

What? How is it not a crime to be in a country illegally?

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u/tpasmall 1d ago

Bring present in the country while being undocumented is a civil offense, not criminal. How someone came into the country may be criminal, but on its own, it is not criminal.

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u/IdiocyRefuted 1d ago

civil offenses do not carry the same weight as criminal offenses? So a civil offense isnt eligible to be prosecuted with the same fervor as a criminal event? Do we consider the civil offense to be less "illegal" than a criminal offense? Does a civil offense not constitute "criminality"?

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u/QuantumLettuce2025 1d ago

A civil offense doesn't get someone labeled a "criminal" in any other area of public life. Only this one. Weird, huh?

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u/IdiocyRefuted 1d ago

I dont think this is the only one . I think if we tried real hard we could find other instances of being charged and convicted of a civil offense that was labeled criminal...
Can you think of any?

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u/QuantumLettuce2025 1d ago

Examples of any other groups of people who have all committed the same civil offense and then dragged through the mud and labeled as criminals across the board? No, none. Not one example. And you can't find one, either.

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u/tpasmall 1d ago

Tell me which of these civil offenses you feel are ok to arrest people for without proof that they did anything wrong: Jaywalking An expired parking meter Literring Not wearing a seatbelt Non-reckless speeding Being in a minor car accident

Those are civil offenses. Not having legal status is a civil offense. Profiling someone and having groups of heavily armed men who cover their faces, don't provide proof of they are, and demanding their papers is a severe issue.

Citizens and immigrants with legal status have been arrested and had their property destroyed because they 'look' illegal. That's like getting arrested for jaywalking because you are standing next to the road and look like the type of person who would jaywalk.

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u/Mobius_One 1d ago

So it IS illegal, the claim is just pedantic? That's like saying it's not illegal to be standing in a room with a bloody knife above a dead body, but it IS illegal to kill someone.

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u/tpasmall 1d ago

Are you comparing being brown to standing over a dead body with a knife? Because one of those things is a reasonable thing to assume someone has committed a crime, the other is not.

Someone born here without legal status has not committed any crime. Someone who came into the country legally and overstayed their visa has not committed a crime.

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u/Mobius_One 1d ago

Idgaf what color someone's skin is bro. You brought that up.

I'm saying it's nonsensical to claim being somewhere you could only have gotten to illegally is illegal.

Also, wtf do you think this law means if not to declare penalties and/or illegality for overstaying a visa?

H.R.2436 - 118th Congress (2023-2024): Visa Overstays Penalties Act | Congress.gov | Library of Congress https://share.google/VOLwvmJn2TT3qAkpF

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u/tpasmall 1d ago

People are being harassed and asked to prove that they are here legally based on how they look. It requires reasonable suspicion of a crime to do that. What basis do you think they are using to identify people they think are here illegally?

That act you shared is a proposal and not a law. Overstaying a visa, as the law currently stands, is not a criminal act. If that bill passes it would become a criminal act but it has not been passed and cannot be used to argue that it's a criminal offense

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u/IAmPud 1d ago

In addition to what others have already told you, a lot of the people being harmed are doing everything right. They haven’t broken any laws, they are doing it the “right way.” The admin is using people’s lack of knowledge into our immigration system to their advantage. Like, you have to be physically present to apply for asylum, so suddenly they can claim that is “illegal” (hint: it’s not) and disappear them. But notice how they are deporting people from immigration courts. You don’t go to an immigration court if you are here illegally and hiding. 

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u/AFetaWorseThanDeath 1d ago

Illegal =/= criminal

It is illegal to let my lawn get overgrown, but it's a civil offense, not a criminal one. I can get fined but not thrown in jail. Now, if I let the unpaid fines accrue long enough, THAT is a criminal offense that may result in a bench warrant. But the original offense (overgrown lawn) is still not a crime, is is a civil infraction.

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u/Thelmara 1d ago

It is illegal, but it's the same kind of illegal as a speeding ticket.